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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
European Consensus Between Strategy and Principle: The Uses of Vertically Comparative Legal Reasoning in Regional Human Rights Adjudication

European Consensus Between Strategy and Principle: The Uses of Vertically Comparative Legal Reasoning in Regional Human Rights Adjudication

Theilen, Jens T.

Hardcover

General Law

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ISBN10: 3848780917
ISBN13: 9783848780914
Publisher: Nomos Verlagsgesellschaft
Published: Apr 27 2021
Pages: 497
Weight: 0.93
Language: English
This study offers a critical account of the reasoning employed by the European Court of Human Rights, particularly its references to European consensus. Based on an in-depth analysis of the Court's case-law against the backdrop of human rights theory, it will be of interest to both practitioners and theorists. While European consensus is often understood as providing an objective benchmark within the Court's reasoning, this study argues to the contrary that it forms part of the very structures of argument that render human rights law indeterminate. It suggests that foregrounding consensus and the Court's legitimacy serves to entrench the status quo and puts forward novel ways of approaching human rights to enable social transformation. The work was awarded the Hermann Mosler Prize of the German Society for International Law.

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